Transportation for Sale of a Controlled Substance — California Health and Safety Code §§ 11352 and 11379

What Is “Transportation for Sale” of a Controlled Substance?

Under California Health and Safety Code §§ 11352 and 11379, it is a felony to knowingly transport, move, or transfer a controlled substance with the intent to sell or distribute it.

The statutes differ slightly:

  • Section 11352 applies to narcotic substances such as cocaine, heroin, and prescription opiates.
  • Section 11379 applies to non-narcotic substances such as methamphetamine, LSD, and ecstasy.

Both statutes punish transportation with intent to sell, even if no actual sale takes place. Prosecutors often charge these offenses when law enforcement finds drugs along with evidence that suggests intent to sell, such as scales, cash, or multiple cell phones.

If the drugs were transported across county lines, the offense can be charged under H.S. 11352(b), which carries enhanced penalties.

Elements of the Offense

To convict someone under H.S. 11352(a), the prosecution must prove all of the following beyond a reasonable doubt:

  1. The defendant transported, sold, furnished, administered, gave away, or imported a controlled substance into California.
  2. The defendant knew of the substance’s presence.
  3. The defendant knew of its nature or character as a controlled substance.
  4. The defendant transported or moved it with the specific intent to sell it or for someone else to sell it.
  5. The substance was a controlled substance under the law.
  6. There was a usable amount of the substance.

If any one of these elements cannot be proven, the defendant cannot be convicted under this statute.

Penalties and Consequences

Both H.S. 11352(a) and H.S. 11379(a) are felony offenses. There is no misdemeanor equivalent.

  • Standard penalty: 3, 4, or 5 years in county jail under Penal Code § 1170(h).
  • Across-county transportation: 3, 6, or 9 years under H.S. 11352(b).
  • Possession for sale (§ 11351) carries 2, 3, or 4 years, and is considered slightly less serious.

Although these offenses are not technically “wobblers,” an experienced attorney can often negotiate a reduction to a lesser offense such as simple possession (§ 11350), which may be charged as a misdemeanor depending on the drug and the circumstances.

Sentences for these offenses are usually served in local jail, which means that expungement may later be possible once probation or supervision is complete.

Common Defenses and Strategies

Each case is fact-specific. Effective defense requires a detailed review of how evidence was obtained and what it proves.

Lack of Intent to Sell

The most common defense is that there was no intent to sell. The defense can argue that the drugs were possessed for personal use rather than distribution. Prosecutors rely on indicia of sales such as cash, scales, or multiple baggies. The absence of such evidence can weaken their case.

Lack of Knowledge

If the defendant did not know the drugs were present, or did not know they were controlled substances, the prosecution cannot meet its burden. This defense often arises in borrowed or rented vehicles or shared residences.

Unlawful Search and Seizure

If police conducted an illegal stop, search, or seizure without probable cause or a valid warrant, the evidence may be excluded under the fruit of the poisonous tree doctrine. Without the evidence, the prosecution’s case may collapse.

Chain of Custody Problems

Every link in the handling of the evidence must be documented. Any gap in the chain of custody, from seizure to lab testing, can raise doubt about whether the substance presented in court is the same one that was allegedly found.

Less Than a Usable Amount

California law requires proof that the quantity was usable. Trace residue or debris is insufficient to convict.

“A usable amount is a quantity that is enough to be used by someone as a controlled substance. Useless traces or debris are not usable amounts.”
— CALCRIM No. 2300

  • H.S. 11379.6(a) – Manufacturing Controlled Substances
  • H.S. 11350(a) – Possession of a Controlled Substance
  • H.S. 11377(a) – Possession of Non-Narcotic Controlled Substances
  • H.S. 11351 – Possession for Sale of Controlled Substances
  • H.S. 11351.5 – Possession for Sale of Cocaine
  • H.S. 11370.1 – Possession of a Controlled Substance and a Loaded Firearm

Why You Should Hire Radford & Rome, LLP

Drug transportation and sales charges carry severe penalties and complex evidentiary issues. At Radford & Rome, LLP, our attorneys are former California prosecutors with extensive experience litigating narcotics and controlled-substance cases. We understand how law enforcement builds these prosecutions and how to dismantle them. If you have been charged under Health and Safety Code §§ 11352 or 11379, contact Radford & Rome, LLP today for a confidential consultation. We will review your case, identify every available defense, and fight to protect your freedom.